Section 129 IEA: Confidential communications with legal advisers

Indian Evidence Act, 1872

Section 129 IEA at a Glance

Section 129 IEA deals with confidential communications with legal advisers. From 1 July 2024 it is replaced by Section 134 BSA.

Now BSA

Section 134 →

Section 129 IEA Bare Act Text

129. Confidential communications with legal advisers

No one shall be compelled to disclose to the Court any confidential communication which has taken place between him and his legal professional adviser, unless he offers himself as a witness, in which case he may be compelled to disclose any such communications as may appear to the Court necessary to be known in order to explain any evidence which he has given, but no others.

Source: Section 129, Indian Evidence Act, 1872

Section 129 IEA in Simple Words

Section 129 of the Indian Evidence Act, 1872 protects a person from being compelled (forced) to tell the Court about confidential communications with a legal professional adviser (a lawyer who gives legal advice). Under the Act, a person could keep those private discussions secret from the Court.

An exception applied only when the person volunteered to be a witness in the case. If the person chose to give evidence as a witness, the person could be compelled to disclose confidential communications with the legal professional adviser that the Court found necessary to explain the evidence already given.

Even when a person volunteered as a witness, the protection was not lost completely. The Court could compel disclosure only of communications needed to explain that witness's testimony, and no other confidential communications could be forced out.

When Section 129 IEA Applies

  • Applies to any person who has had a confidential communication with a legal professional adviser, protecting that person from being forced to disclose it to the Court.
  • Applies when that person chooses to become a witness, allowing the Court to compel disclosure of confidential communications that the Court finds necessary for explaining the evidence given by that witness.
  • Protects all other confidential communications with the legal professional adviser from forced disclosure, even when the person testifies as a witness.

Example of Section 129 IEA

In 2021, Farhan speaks in confidence with Priya, a legal professional adviser in Nagpur, about a boundary claim and a rent claim in a land dispute. When the land dispute goes to court, Farhan does not offer to be a witness at first, so under Section 129 IEA the Court cannot compel disclosure of those confidential communications. Later, Farhan volunteers to testify as a witness only about the boundary claim. Under Section 129 IEA, Farhan may be compelled to disclose any confidential communication that the Court considers necessary to explain the evidence given on the boundary claim, but no other communications about the land dispute.

When Section 129 IEA Does Not Apply

  • Protection against forced disclosure does not apply if the person offers to be a witness, for confidential communications that the Court finds necessary to explain the evidence given by that witness.
  • Compelled disclosure by a person who offers to be a witness does not extend to any confidential communications beyond those necessary to explain the evidence given.

Section 129 IEA in the BSA

Section 129 IEA is now covered under Section 134 BSA.

Section 129 of the Indian Evidence Act, 1872 became Section 134 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. The heading uses the singular, "Confidential communication with legal advisers", and "professional" was dropped from the text.

View detailed comparison (IEA 129 vs BSA 134) →

FAQs on Section 129 IEA

What is Section 129 IEA?▼

Section 129 of the Indian Evidence Act, 1872 states that no person can be forced to disclose to the Court any confidential communication with a legal professional adviser. If the person offers to be a witness, the person may be forced to disclose only such confidential communications as the Court finds necessary to explain the evidence given, and no others.

Can the Court force a person to reveal confidential talks with a legal professional adviser under Section 129 IEA?▼

No. Under Section 129 IEA, a person cannot be compelled to disclose confidential communications with a legal professional adviser unless that person volunteers to be a witness.

Does a person who testifies as a witness have to reveal every confidential communication with a legal professional adviser under Section 129 IEA?▼

No. The person may be compelled to disclose only the confidential communications that the Court finds necessary to explain the evidence given by that witness, and no others.

What is Section 129 IEA in BSA?▼

Section 134 BSA. It replaced Section 129 IEA on 1 July 2024 with no substantive change, using the singular word communication in the heading and dropping the word professional before adviser in the text.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Evidence Act, 1872 ·